Resolution Number 16-04-19-02RESOLUTION NO. 16-04-19-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA , DECLARING THE CITY'S INTENT TO
VACATE A PORTION OF RIGHT OF WAY FOR ORTEGA HIGHWAY AT
26891 AND RESERVE EASEMENTS AND RIGHTS FOR EXISTING
PUBLIC UTILITY FACILITIES AND SETTING A TIME AND PLACE FOR
PUBLIC HEARING
WHEREAS, when the State constructed a new interchange at the Ortega
Highway/ 1-5 Interchange, Ortega Highway was realigned west of Del Obispo Street
creating excess right-of-way at 26891 Ortega Highway (the "Property") that is no longer
needed for highway purposes;
WHEREAS, the Property will be used as part of the development site for
the Mission Inn Hotel. The developer for the Mission Inn Hotel has filed an application
for the project and is requesting vacation of the Property to continue to develop the
project.
WHEREAS, the Property is further depicted and described in Exhibit A.
WHEREAS, certain existing public utilities remain on the Property
("Facilities");
WHEREAS, the City has the authority to initiate street vacation
proceedings pursuant to Streets and Highways Code section 8300 et seq.; and
WHEREAS, the City intends to initiate the process for vacating the excess
right of way for the Property and reserving and excepting from the vacation all
easements and rights necessary to maintain, operate, replace, remove, or renew the
Facilities by setting a time and place for a public hearing on the vacation and directing
the City Clerk to provide, publish and post all required notices.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
San Juan Capistrano as follows:
SECTION 1. That the forgoing recitals are true and correct.
SECTION 2. This project is not subject to the California Environmental Quality
Act ("CEQA") pursuant to Section 15060(c)(3) (the activity is not a project as defined in
Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3, because it has no potential for resulting in physical change to the
environment, directly or indirectly).
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SECTION 3. It is the City's intention to initiate the process for vacating the
excess right of way for Ortega Highway at 26891 as depicted and described in Exhibit
A.
SECTION 4. The City sets a public hearing on the proposed vacation of the
excess right of way for the Property for May 17, 2016 at 5:00p.m ., or as soon thereafter
as the matter may be heard, at the City Council Chamber, 32400 Paseo Adelanto, San
Juan Capistrano, California 92675. At the conclusion of the public hearing, the City
Council shall determine, from all evidence submitted, whether or not the portion of right
of way is necessary for present or prospective public use.
SECTION 5. The City Clerk is hereby directed to post this Resolution of Intention
and publish notices of the public hearing, pursuant to the requirements of California
Streets & Highway Code Section 8300 et seq.
PASSED, APPROVED, AND ADOPTED thi /1 th day of April 201
AM PA TTERSON, ESQ ., MAYO R
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 16-04-19-02 was duly adopted by the
Cit~ Council of the City of San Juan Capistrano at the Regular meeting thereof, held the
19t d y of April 2016, by the following vote:
AYES: ( ~OUNCIL MEMBERS: Reeve, Perry , Allevato and Mayor Patterson
NO EE: 1~0 UNCIL MEMBERS: Mayor pro tern Ferguson
ABS t:.N : C U NCIL 'MEMBERS: None
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